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Displaying 721-740 of 1262 results.

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

.... applied are not in doubt. 33. The principle is as stated in Maxwell on the Interpretation of Statutes, Twelfth Edition at page 221: “If the necessary intendment of a statute is to affect the rights of parties to pending actions, the Court must give effect to the intention of the legislature..

Category: Tenancy Law | Date: | Hits: 135

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

.... fit, he is entitled to obtain re-employment under the provision of Rule 389 of the BSR Part I. The learned Advocate contends that the Public Service Retirement Act, 1974 has no implication upon such rights of the petitioner as the same is not applicable in the case of the petitioner and as such the..

Category: Employment/Service Law | Date: | Hits: 70

Bellishar Mohini Mohan High School and others Vs. Professor Mohammad Khurshid Miah and another, 1999, 28 CLC (HCD)

....dvocate appearing on behalf of the opposite party No.1 submits that the people of the locality used the suit land from time immemorial for their recreational purposes and, as such, they have easement rights over the aforesaid field which have illegally been violated by the defendants, giving rise to..

Category: Civil Law | Date: | Hits: 94

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

....imitation therein as has been contended. Secondly, the argument is fallacious in view of the fact that under the provisions of the Standing Orders Act what was barred was the remedy under it, but the rights secured to a worker under section 19 were not extinguished. There is a great distinction betw..

Category: Labour and Industrial Law | Date: | Hits: 140

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....etitioner failed to exhaust the alterna­tive remedy available in the Contract Agreement. It is well settled that when the parties enter into a clear, unambiguous and express contract creating mutual rights and obligations, the parties are bound by it and the extraordinary jurisdic­tion of the High..

Category: Others | Date: | Hits: 118

Advocate Alauddin Khan and others Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....title and possession in the suit land by taking pattan of the same from the Moharaja of Muktagacha with a further prayer for direction upon the concerned Tahsilder to record his name in the record of rights since he is in peaceful possession of the suit land but his name was not recorded. The learne..

Category: Limitation Law | Date: | Hits: 165

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....he proceeding but lost during the proceeding; Cf: Chandra Kumar Vs. Abdul Motaleb, 19 DLR (SC) 36 and Mofizuddin Patwari Vs. Abdul Hakim and others, 33 DLR (AD) 305. 25. Secondly, if the record of rights is changed by way of mutation in accordance with the procedure laid down in law by a valid or..

Category: Property Law | Date: | Hits: 69

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

....s upon the usage of the Prophet. If that also fails, then one should follow Ijma and finally, his own reasoning. 15. Under the Mohammedan Law, marriage is a civil contract and not a sacrament. The rights and obligations are created immediately on contract of marriage. Even after divorce, namely c..

Category: Family Law | Date: | Hits: 214

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....ata Bank and others, unreported, CP No. 70 of 1988 decided on 21‑6­-1988. 92. On the learned deliberations of senior members of the Bar, we shall have to first find the law to determine the rights and obligations of the parties involved in the transactions. 93. In all the cases, the..

Category: Business or Commercial Law | Date: | Hits: 289

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....saddar Ali possessed the suit land by planting trees and bamboos and died 24 years back leav­ing behind the plaintiffs as his heirs who recent in the year 1982 came to know about the wrong record of rights in the names of defendants and on approach by them; Majar Ali, the proforma defendant No.25 e..

Category: Property Law | Date: | Hits: 74

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

...., the writ petition is liable to be discharged. The petitioner No. 1 being a limited company is not an aggrieved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the d..

Category: Business or Commercial Law | Date: | Hits: 251

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....nment is empowered by section 41 of the Forest Act, 1927 to make Rules and the Rules made there under, namely, Saw-Mills (Licence) Rules, 1998 is fair, reasonable and not violative of the fundamental rights and it was framed under the lawful authority and the respondent No.2 has lawful authority to ..

Category: Environmental Law | Date: | Hits: 550

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

..... 17 of 1988 in the local Upazila Magistrate Court. During the prosecution of the case, defendant No. 1 declared that he had title and possession in the suit land, which was recorded in the record of rights in the name of his father Hashem Ali. The plaintiffs also came to know that Hashem Ali obtain..

Category: Property Law | Date: | Hits: 79

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....e petitioners' prayer for a declaration that the impugned project has been undertaken without lawful authority and is of no legal effect; and unconstitutional as being in violation of the fundamental rights of the petitioners as guaranteed under Articles 27, 31 and 32 of the Constitution. There was ..

Category: Environmental Law | Date: | Hits: 483

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

....ecessary permission from the Appropriate Authority of Savar Cantonment and that the writ petition is not maintainable as the respondents did not violate the Rules and regulations and also fundamental rights of the petitioner as guaranteed by Articles 27 and 31 of the Constitution and, as such, the R..

Category: Others | Date: | Hits: 146

Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)

....port to the Director of Land Records on 6-4-2001 whereupon the Director of Land Records (respondent No. 1) directed the Zonal Settlement Officer, Jessore to make necessary correction of the record of rights under Rule 42A of the Tenancy Rules, 1995 vide memo dated 10-7-2001 (Annexure C). Pursuant to..

Category: Property Law | Date: | Hits: 62

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....with the then "child" accused Waliur. The reason is simple. Intention of section 6 of the Children Act requiring separate trial of a child is to ensure a special procedure and to secure certain legal rights for the accused child only. An adult is not entitled to those rights and the adult accused pe..

Category: Criminal Law | Date: | Hits: 43

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... 2013/25 (Sring)/ 822 dated 9-12- 2-001 (Annexure G) terminating the petitioner from service. It is stated that the impugned Memo was issued mala fide and discriminatory by infringing the fundamental rights of the petitioner under Articles 27 and 31 of the Constitution of the People's Republic of Ba..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

..... It is the function of the Court to give effect to the logical theory contained in the statutory law. In fact, the law through interpretation by Court is a necessity for protection of the individual rights guaranteed by the Constitution. 15. On the basis of the principles culled out above, an in..

Category: Criminal Law | Date: | Hits: 60

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....l could be filed against the same under section 96 of the Code except a revision under section 115(1) of the Code, inasmuch as the trial Court rejected his plaint without conclusively determining the rights of the parties. He further submits that since the impugned decree is not in the nature of a d..

Category: Procedural Law | Date: | Hits: 90